The family of a Boca Raton man has filed a wrongful death lawsuit against Brightline Trains Florida LLC, after he was struck and killed by a train in a "quiet zone."
According to the lawsuit, on Oct. 25, 2022, James Ostrowski, 74, was walking across the train tracks at SW 18th Street and South Dixie Highway in Boca Raton. This crossing was in a designated "quiet zone," meaning Brightline trains do not sound their horns before crossing the intersection.
Ostrowski crossed the tracks but "almost a step before safely making it across," he was struck by a Brightline train and killed.
The lawsuit states that on the day of the incident, the signage at the intersection alerting drivers and pedestrians of a quiet zone "did not comply with Federal Law and the Manual on Uniform Traffic Control Devices as the lettering on the sign was faded and essentially invisible." It states that the crossing also has "significant visibility issues preventing individuals west of the tracks to see trains heading northbound on the tracks."
It also notes that a roadway "flagger" working near the tracks that day was facing away from the tracks when the incident happened.
The wrongful death lawsuit was filed on behalf of James Ostrowski's wife, Carol Ostrowski, and their three children.
It also emphasizes Brightline's fatality rate, stating that Ostrowski's death was "preceded by countless other deaths along the railway corridor."
